727 – DRUG TESTING PROGRAM
Pre-Assignment. The Company may require employees to agree to and successfully pass a drug-screen prior to placement with customers that require a negative test due to the nature of the work. Refusal to cooperate will result in the immediate disqualification for that assignment. The pre-assignment drug test will consist of a testing for a minimum of five different controlled substance categories that include, but are not limited to, marijuana (50 nanogram or more), methamphetamine, cocaine, crack, heroine, and certain prescription drugs (use without prescription may result in a ‘positive’ result).
Post-Accident. In most instances, the Company will require a drug screen for any employee involved in a serious accident or incident on the job, regardless if physical or property damage exists as a result of the accident or incident. There are a few notable exceptions to this: 1) employees who are injured or victimized as the result of a third-party attack or other ‘outside forces’ and 2) when a significant amount of time has elapsed (e.g. two or more days) from the date the injury/accident occurred and the date the report is lodged.
To the extent there is a question about whether a drug test is applicable, the decision should be made in concert with the employee’s supervisor, the Safety Manager, and/or the appropriate executive officer. Any non-negative drug test result should be either re-tested or reviewed by a drug testing lab or healthcare/medical service. Confirmed, non-negative results in a post-accident test will result in immediate termination from employment and may also result in the employee being held legally responsible for all property or physical damage, which the employee caused during the accident or incident.
Reasonable Cause. Whether reasonable cause exists depends on the presence of indicators that an employee uses or is under the influence of drugs or alcohol. There are many such indicators. Abnormal performance or behavior may be the result of illegal drugs or alcohol. The following are most common examples, but are not exhaustive:
Sudden changes in work performance. This usually involves deteriorating performance but may include occasional marked improvements in performance.
Poor attendance, tardiness, and early departures from work.
Unusual physical appearance, speech, odor, disorientation (e.g., inability to perform work in normal manner), or unsteady gait or balance.
Mood swings, euphoria, drowsiness, inattentiveness, excitement, confusion, irritability, aggressiveness, or intoxicated behavior with or without odor of alcohol or drugs
Other changes in the employee's appearance or behavior.
Possession of alcohol, drugs, or related paraphernalia on property or during work time.
Off duty arrest for drug or alcohol involvement may also constitute reasonable cause.
Reasonable cause may also exist when an employee (particularly one who is engaged in a potentially dangerous work assignment) is involved in an accident. Examples of potentially dangerous work include the operation of a motor vehicle and the use of machinery or other equipment that could cause serious injury. Being involved in an accident includes being responsible for the accident in whole, or in part, when another person is operating the equipment or motor vehicle.
Random Testing. Employees may be subject to periodic random drug testing while on the job. The selection procedure for a random drug will be made in a manner that is sufficiently random, primarily by lottery based on social-security number and/or by facility. Employees who are selected for a random drug test will be required to follow the established protocols required by the testing program. When an employee is notified, he or she must proceed immediately to the collection site. ‘Immediately’ does not mean two hours later. ‘Immediately’ means that after notification, all the employee’s actions must lead directly to a specimen collection, to ensure the integrity of the testing process. No active employee will be excused from testing because of operational difficulties.
If an employee selected for testing is known to be unavailable due to a legitimate extended absence, long-term illness, etc., they will be notified when they return to work that they were selected for a random drug test during their leave of absence and tested immediately.
Employees refusing to submit to random testing, or who test positive for drug use when randomly tested, will be immediately terminated from employment.
Testing Procedures. The following procedures for considering and imposing drug or alcohol testing in any given case. Deviations from this procedure are not allowed. If each required step cannot be completed, the employee should not be referred for a drug test.
There are several reasons that a drug test might be required. Some reasons are procedural (pre-assignment testing), and others are situational (post-accident, reasonable cause). Careful consideration and documentation will be made in all instances.
Pre-Assignment Testing. Testing occurs as a condition of the offer of a work assignment, but a positive result or failure to comply with testing protocols will result in the cancellation of the assignment offer.
Post-accident Testing. As mentioned above, all employees involved in a workplace accident will be required to take a drug and alcohol test, ideally in a clinical facility to avoid ambiguity of non-negative results.
Reasonable Cause Testing. The establishment of reasonable cause is an important element in situations other than pre-employment and random drug tests;
The supervisor or a member of the Management Team must determine, through personal observation, whether reasonable cause exists (see “Reasonable Cause” section, above).
A second opinion must be sought from the Executive Management Team (CEO, CLO, and CFO) and/or Human Resources. If unavailable, contact any other Senior Manager.
Because drugs or alcohol in the body may dissipate in a few hours, such observation should be completed and confirmed by a second party as quickly as possible.
Random Testing. To ensure a consistently drug and alcohol-free environment, random tests are conducted periodically. The criteria for the selection of employees will vary. In some instances, selection will be made through a lottery of social security numbers, in other situations it may be based on a specific facility and will include all employees therein. In all instances, careful records will be kept regarding the selection methodology and all employees included in the test.
Prior to testing, employees will need to sign consent documents. Refusal to sign the form and/or refusal to cooperate with the specimen collection procedure will result in a warning to the employee that he or she may be terminated on a presumption of intoxication. Continued refusal will result in immediate, unpaid suspension pending investigation.
Last Chance Agreement. If an employee admits, prior to testing, that they know they will not pass a drug and/or alcohol test, they have the option of signing a “Last Chance Agreement” whereby they agree to seek treatment for their alcohol and/or substance abuse. They will be on ‘suspended’ status during this time and after 90 days and completion of their program, they may be reinstated to work. Requirements include (and are not limited to): proof of treatment, negative drug/alcohol test, and consent to periodic testing for the next six months.
Following the signing of appropriate consent documents, the employee must be escorted to either the onsite testing facility or a designated, independent testing facility.
If a non-negative result requires secondary verification or analysis by an independent medical facility, employee should be escorted to the lab or test facility and not allowed to drive a vehicle, as they may be impaired.
Testing Procedures. Upon being notified of their selection in a random drug test, or of the need for a post-accident or reasonable cause drug test, the employee must remain in sight of the testing facilitator or other DPI Manager or Supervisor, until testing is complete.
Actual testing protocols may vary based on location but will comport with best-practice standards to ensure that the process is discreet and that tests are accurate.
After the test is completed with a non-negative result, or the employee or applicant has refused to consent or cooperate, this may be an indication that he or she is not sufficiently sober to drive a motor vehicle. In such situation, the employee or applicant should be discouraged from driving. Other transportation should be arranged, such as cab, bus, friend of the employee or applicant or the employee's emergency contact. If the employee insists upon driving and is suspected of being impaired by illegal drugs or alcohol, they must be warned that the police will be notified and given the identity of the car and license plate number. If the employee or applicant drives away, contact the authorities.
The employee is on paid suspension from the time of leaving work for the lab or testing facility, until the results of the tests are received. Provided the testing occurs immediately, and the test results are negative, the employee is returned to work without loss of pay or record of suspension.
If an initial drug test performed in the DPI office results in a non-negative result, an applicant has the option of pursuing independent testing at an off-site, qualified testing facility. The employee’s employment status will be provisionally terminated, unless the test is confirmed ‘negative’ at which point the employee will be returned to work without loss of pay or record of suspension or termination. Non-negative test results will be considered together with medical and other evidence to determine whether any personnel action is to be taken.
All questions regarding this or any other Company policy should be directed to the Human Resources department.
@2021 The DPI Group. Revision Dates: 12/07/2021, 02/10/2021, 11/07/2022 - The policies do not form a contract, express or implied, nor do they guarantee employment for any specific length of time. Employment with The DPI Group or any subsidiary is at-will. This means that either the employee or employer can terminate the employment relationship at any time, for any reason. No statements made by any supervisor or manager can alter this at-will relationship. The at-will relationship can only be changed through a signed written agreement that specifically sets forth the terms between the employee and the President/Chief Executive Officer of the Company.